Local AG church loses court battle with AG General Council

[EagerBeaver]

A church here in Springfield, MO that changed its bylaws in an attempt to go independent from the Assembly of God, lost a court battle yesterday with the Assembly of God General Council when a judge ruled their building and assets belong to the AG in the event of a secession.

This from KYTV:

SPRINGFIELD -- After nearly a year in court, there's now a judgment in the lawsuit filed by southern Missouri's leaders of the Assemblies of God against one of its churches. A judge ruled the pastor is out and the building known as Timbercreek Community Church is property of the Southern Missouri District Council of the Assemblies of God.

"We're pleased that the court listened to our argument and followed the law,“said attorney Michael Textor, who represents the district council.

Countless members and hundreds of thousands of dollars from the Assembly of God went into creating Timbercreek in 1999. Seven years later, Pastor Paul Kirk continued preaching at the church despite not renewing his ministry credentials.

“This case is about can somebody on their own decide they are no longer bound by the agreements they've entered into. And the court obviously in rendering its decision agreed and said no,” said Textor.

According to the Council's constitution, if a pastor severs his relationship with the Assembly of God, any remaining assets would become property of the District Council. Kirk agreed to this bylaw with his signature in November 1999.

Greene County Circuit Judge Don Burrell agreed with the Assemblies of God in his ruling, not the new constitution created by Kirk for Timbercreek in 2006. The constitution says property would not revert back to the council if the church were to break away from the Assemblies of God.

“The Assemblies of God has remained constant. Paul Kirk and those people who chose to follow him, they are the ones that changed,” said Textor.

Kirk's attorney Jerry Reynolds says he and his client respect the judge but respectfully disagree with the judgment, and will appeal.

According to Burrell’s ruling, Kirk is not allowed on the Timbercreek grounds or to be affiliated with the Assemblies of God. He also has to produce an itemized list of church possessions that becomes the District Council's property.

Now I know personally of some COGOP churches that went independent and never faced anything like this. Is there some sort of legal binding agreement in COGOP that makes the local church the property of the state office or do the deeds go to the local church members?

All in all from what it sounds, the pastor broke a legal agreement and caused a major fiasco in his church. Not good.

[Alan]

Now I know personally of some COGOP churches that went independent and never faced anything like this. Is there some sort of legal binding agreement in COGOP that makes the local church the property of the state office or do the deeds go to the local church members?

The deed is to go to the International Headquarters I believe. Not all have done this which is why some of them didn't face opposition when they left the COGOP.

[Brenda]

Now I know personally of some COGOP churches that went independent and never faced anything like this. Is there some sort of legal binding agreement in COGOP that makes the local church the property of the state office or do the deeds go to the local church members?

The deed is to go to the International Headquarters I believe. Not all have done this which is why some of them didn't face opposition when they left the COGOP.

Right..
Some of the church's are incorporated through the state instead of H.Q.
Thus giving the members ownership of their property instead of H.Q. They hold their own deed.